Odai S. Albayati v. Cascade Windows, Cornerstone Building Brands, Simonton Industries, and Simonton Windows

Summary

The United States District Court for the Eastern District of Washington granted Defendants’ Rule 12(b)(6) motion to dismiss Odai S. Albayati’s claims against Cascade Windows, Cornerstone Building Brands, Simonton Industries, and Simonton Windows. The court found that Plaintiff failed to allege facts supporting any claim and dismissed the action with prejudice after previously allowing an opportunity to amend.

Holdings

1. The complaints failed to state any claim because they did not allege facts supporting the elements required for Plaintiff's claims.
2. Dismissal with prejudice was appropriate because the court had already given Plaintiff an opportunity to amend.

Questions Presented

1. Whether Plaintiff's Second Amended Complaints stated any claim for relief that was plausible on its face under Federal Rule of Civil Procedure 12(b)(6).
2. Whether dismissal should be with prejudice after Plaintiff had already been given an opportunity to amend.

Disposition

dismissed